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list and explain the sources of laws and rights in canada and discribe which will prevail...

list and explain the sources of laws and rights in canada and discribe which will prevail the event of conflict between either

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Expert Solution

The sources of laws and rights in Canada are the British common law system which is carried forward as a colony from the British Empire. There are two jurisdictions of the legal system of Canada- The Public (including Criminal) and Private Law. These two laws are separated and exercised by the Parliament and the respective Provinces. The private Laws are also issued by Quebec, which is a civil system.

Both the above laws are headed by the Constitution of Canada. Certain domains which are regulated exclusively by Parliament are under the jurisdiction of the Federal Government, this includes all the matters and disputes between the provinces. The matters which are included in the above are interprovincial transport and interprovincial trade and commerce. The criminal law falls under the federal jurisdiction and has its origin from English Law.

When there is the conflict between the Provisional and the federal laws, the federal law will prevail and the provisional law will become inoperative to the extent of the conflicts with the federal law.


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